The birth of a child should be a joyous occasion, but for parents of children born with unexpected, severe congenital birth defects, the future can quickly become uncertain. How will you be able to afford crucial medical treatment for your child? Why were you not informed of your child’s condition? Who is responsible, and is there anything you can do?
What is a wrongful birth lawsuit?
A wrongful birth lawsuit seeks compensation on behalf of parents whose children are born with major congenital birth defects that were either improperly diagnosed by medical professionals are inadequately addressed. The Donnelly Law firm has extensive experience in trying these complex, difficult types of cases and has helped families secure the rightful compensation they were owed.
Dennis Donnelly has been invited to lecture to obstetricians and genetics counselors about proper methods of prenatal screening, which avoid missed diagnoses, and some of his successful verdicts and settlements for failed prenatal diagnoses have been the subject of articles in medical journals and feature news articles.
To learn more, contact our New Jersey wrongful birth attorneys for a completely free and confidential consultation.
Understanding Wrongful Birth
Obstetricians, doctors, nurses, and other medical professionals have a responsibility to inform their patients of the potential complications that can occur with pregnancy, labor, and delivery. If a patient is particularly at risk of giving birth to a child with known conditions or defects, medical professionals must ensure that she is aware of this risk.
If a patient is not provided with the information she needs to make an informed decision about whether or not to carry a baby to term—or even to conceive in the first place—and her baby is born with life-altering or life-threatening defects, she may take legal action.
The lifetime costs of caring for a child with a severe defect, illness,
or condition is exorbitant
. Parents who were not made aware that their unborn child was at risk of
developing or had already developed such a severe birth defect are constitutionally
entitled to seek compensation from the negligent party/parties. However,
pursuing a wrongful birth claim is not easy, and it requires the experience
and knowledge we have developed from handling hundreds of these cases.
You will need to show a few things, including the following:
- Your doctor did not provide you with adequate medical information, failed to diagnose a condition, or did not warn you of the risks
- Had you had the proper information/diagnosis, you would have decided to terminate the pregnancy/refrain from conceiving
You may also bring a wrongful birth claim if you or the other parent of your child (or both of you) have a genetic condition that carries a high risk of passing onto a potential child, but you were not warned of this risk during genetic counseling and your child was indeed born with a serious condition/defects.
Contact Us for a Free, Confidential Consultation
Wrongful birth actions are a highly nuanced area of law. It is important that you speak to a birth injury attorney in New Jersey who has experience in this particular area. Over the past twenty-five (25) years, Dennis Donnelly has helped hundreds of parents recover the compensation they needed to adequately provide for their children born with debilitating defects.
We can help you seek compensation for your child’s medical treatment—both current and future—as well as your pain and suffering and other damages.
Contact us today for a free consultation with one of our New Jersey wrongful birth lawyers. We are here to listen to your story and help you understand your legal options.